Terms of Service

END USER TERMS – U.S. Only.

END USER TERMS – International

Last updated August 3, 2016

END USER TERMS – U.S. Only

 

These terms govern your use of software applications (each an “App”) provided by Licensor, and your use of the separate services enabled through an App, as described below (“Services”). If you downloaded the App from a U.S. App Store or, for Textfree Web or for desktop versions of Sideline Team, if you identify your country of use as the United States, “Licensor” is Pinger, Inc.; otherwise “Licensor” is Pinger International Limited.

NOTICE REGARDING SUBSCRIPTIONS:

FOR SIDELINE, SOME FEATURES INCLUDE MANAGEMENT FUNCTIONS NOT OTHERWISE AVAILABLE THROUGH THE BASIC SIDELINE APP AND  ARE MADE AVAILABLE ON A PAID SUBSCRIPTION BASIS. SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR APPLICABLE SUBSCRIPTION IS CANCELED.

BY CREATING OR UPDATING A SIDELINE ACCOUNT TO INCLUDE PAID FEATURES, YOU CONSENT TO ALLOW THE APPLICABLE APP STORE TO CHARGE YOUR CREDIT CARD FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELLED OR TERMINATED.

TO CANCEL YOUR SIDELINE PAID SUBSCRIPTION, YOU MUST CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039. FOR SUBSCRIPTIONS PURCHASED FROM GOOGLE PLAY, SEE https://support.google.com/googleplay/answer/2476088?hl=en

BY CREATING A SIDELINE TEAM ACCOUNT YOU CONSENT TO ALLOW LICENSOR TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

TO CANCEL YOUR SIDELINE TEAM SUBSCRIPTION, YOU MUST SEND A CANCELATION NOTICE BY EMAIL TO CANCEL@SIDELINE.COM.

NOTICE REGARDING TRANSFER OF DATA:

USE OF THE APP REQUIRES THAT PERSONAL DATA BE PROCESSED BY PINGER, INC. IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP ARE LOCATED. FEATURES AND CAPABILITIES OF THE APP WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PINGER, INC. IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. PINGER, INC. IS AN AFFILIATE OF PINGER INTERNATIONAL LIMITED AND PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.

Apps are Not for Children under 13. All Apps, Services and Pinger websites are not intended for children under the age of 13, so children under the age of 13 should not use them at any time. Account registration requires a minimum age of 13. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these terms. Licensor does not knowingly collect any information from children under the age of 13. In the event that Licensor learns that it has inadvertently gathered personal information from children under the age of 13, Licensor will take reasonable measures to promptly delete such information.

Applicability. These terms incorporate by reference the terms made available by the particular app store from which you downloaded the App (“App Store”) applicable to apps downloaded from that App Store, if any (“App Store Terms”). These terms also incorporate by reference the Privacy Policy located at http://www.pinger.com/privacy_policy/ (“Privacy Policy”). These terms control in the event of any conflict with the Privacy Policy or the App Store Terms. Licensor, Inbound Provider and Outbound Provider each, respectively, reserve the right to change, modify or update these terms, the Inbound Terms and the Outbound Terms at any time by posting revised versions at http://www.pinger.com (“Pinger Site”) and you agree that posting of such updates constitutes sufficient notice to you regarding such updates. Your download of other Apps or your continued use of Apps and Services following posting of updates on the Pinger Site constitutes your acceptance of the same.

Construction. Some Apps and Services have unique features and, as a consequence, these terms create three separate contracts: (i) a license between you and Licensor (the “License”) for your use of the Apps and communication features only available between App users (“On-Net Features”), (ii) where the App provides temporary use of a unique phone number, a separate agreement between you and the party identified as the “Inbound Provider” below, for the use of the Inbound Services described below (the “Inbound Terms”), and (iii) where the App allows for outbound SMS and/or calling features, a separate agreement between you and the party identified as the “Outbound Provider” below, for the use of the Outbound Service described below (the “Outbound Terms”). The term “SMS” as used in this document means a message of text only or text and graphics, photos, audio clips, or video clips as enabled by the applicable App. Depending on your App, it may not include functionality for including graphics, photos, audio clips, or video clips as part of messages. For the Sideline App, some special terms apply, as set forth in the Section entitled “Additional Terms for Sideline” below, and those terms supersede and replace any conflicting terms of the License, the Inbound Terms or the Outbound Terms.

Account Registration. Use of most Apps requires that you create an account (the “Account”). The Account applies to use of all Apps and related Services. When setting up an Account: (i) you may be prompted to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your provider may charge you for, that incoming call or SMS; and (ii) you are prompted for registration information, which may include your country of residence, name, age, email address, and account password, and a phone number. You hereby consent and to allow, and represent that you have the right to allow, Licensor to: (i) import and store contacts from your device and from third party services through connections enabled by you through the Apps, (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the Apps, (iii) identify your association with those contacts to other users of Apps, and (iv) to associate contact information on your device with contact information from third party services enabled by you through the Apps. Accounts are for your personal use and may not be transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOU CANNOT REGISTER AN ACCOUNT AND YOUR USE OF THE APPS WILL BE LIMITED.

Third Party Features; Open Source Software. There may be times when App features are offered by third parties who provide those features under their own terms and conditions not included in these End User Terms. Those separate terms and conditions would govern your use of such features. You acknowledge and agree that: (i) Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for your use of, or your inability to use, those features, regardless of any act or failure to act by any of them; and (ii) as an express condition for making those services available through the App, you shall not to bring any action against Licensor, Inbound Provider and Outbound Provider, or any of their officers, directors, employees, or shareholders arising out of or related to those features. The App is provided with open source software, identified at the end of these terms, which is licensed under terms and conditions of its licensors.

License:

This License governs your use of the software elements of the Apps and On-Net Features (described below) and applies to updates of the App made available to you. Your use of the Inbound Service or Outbound Service is governed separately under the Inbound Terms or Outbound Terms, respectively.

License. Subject to the terms of this License, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to: (i) use the App for your personal use only and only on the device on to which it is downloaded; and (ii) use communications features to communicate with other App users over networks not connected to public telephone services (“On-Net Features”). You agree that you shall not make or permit the making of any modifications, additions or enhancements to Apps, or cause or permit the disassembly, decompilation or reverse engineering of any App except and only to the extent allowed by applicable law.

Requirements. For Account creation, only a single number may be used for authentication and you acknowledge that use of the same number for a future authentication may terminate your account and that Licensor, Inbound Provider and Outbound Provider will not have any liability to you in such event. As an express condition to your use of the App, you agree to provide Licensor proper identification and residence information when requested. If your version of App includes voicemail, photo or audio or video recording features, you consent to allow, and represent that you have the right to allow, Licensor to copy, cache, store, distribute and share voicemails, photos and/or audio and video recordings as you designate through the App. For voicemail features, you agree that voicemails will be deleted upon the earlier of termination or two weeks after the voicemail is received, and may be subject to limitations as to the number and duration of voicemails. You agree and hereby grant Licensor the right to copy, cache and store voicemails and/or message content, with that right to survive expiration or termination of this License. You agree that you will not create or transmit any content or communications using the Apps or Services that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that constitute spam or that may violate or infringe the rights or privacy of third parties, as determined by Licensor in its sole discretion.

Data. Prior to Account creation, Licensor may collect through the App device identifiers but no other personally identifiable information. Such information is used for the sole purpose of providing support for the internal operations of Licensor. During and after Account creation, Licensor collects data that you provide upon registration, the name and phone number of contacts as stored on your device (“Contact Data”), and data about your use of the App, which includes Personal Data and Anonymous Data. “Personal Data” is data that identifies you personally that includes: name, address, and email address, and location data of a specific location. Personal Data is used only to identify you with your Account in order to provide the Inbound Service and, for location data, to provide advertising to you. Contact Data is stored on your device and on Licensor’s servers to enable communications features within the App. Contact Data is not used for any other purpose. You hereby (i) grant Licensor perpetual licenses to store Personal Data and Contact Data and to use, copy and transmit Personal Data and Contact Data in conjunction with your use of the App; and (ii) consent to allow Licensor to transmit Personal Data and Contact Data to Inbound Provider and Outbound Provider upon registration, in response to legal process and/or to legal authorities upon request or as required under applicable law, and to mobile operators upon your actions when you respond to certain promotional programs with mobile operators and that such transmission is made by your request and at your direction.

Advertising. Your use of Apps is supported, in part, by advertising without which Licensor would not be able to provide the Apps to you. Accordingly, you acknowledge and accept that Apps display advertising and promotions. Some anonymous data collected in the App is used for advertising purposes. That anonymous data does NOT include data that can identify you personally, but does include the following (“Anonymous Data”): age, gender, phone number issued by Licensor or used with the App, the number of messages you send and receive, date and time messages are sent and received, location data (not of a specific, exact location), message data and traffic information, device type and operating system, carrier identity, and device identifiers, Ethernet MAC address and/or advertising identifier, such as IDFA and Google Ad ID. Anonymous Data is used by Licensor and shared with third parties to deliver advertising within the App and to provide, improve, monitor, and update App and other current and future Licensor applications. For Apps downloaded from U.S. App Stores for use in the U.S., you acknowledge and agree that you are a U.S. resident, that your use of the Apps will be entirely within the U.S., and you expressly agree that Licensor and its service providers may digitally scan content transmitted through the App in order to provide such advertising to you. By using Apps, you are providing your consent for use of Anonymous Data by Licensor and its service providers as described in this document and you hereby authorize and grant to Licensor a license to use, copy, and transmit Anonymous Data for any purpose and to sublicense, sell, lease and/or transfer the foregoing rights to any third party, subject to limitations of applicable law. Advertising may be targeted based on Anonymous Data and other information Licensor or its service providers may have about you. Advertising service providers may also use Anonymous Data to target advertisements to you through third party applications and websites. You may be able to opt out of receiving targeted advertisements from third parties. For example, in some iOS devices (with iOS 6 or later), the advertising identifier may be disabled at your discretion. Further, some advertising service providers enable you to opt out of targeted advertising through mechanisms available to you through advertisements or on their websites. Licensor does not provide separate opt out mechanisms. You are solely responsible for exercising any opt out mechanisms made available by third parties.

Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.

Additional Terms. The Additional Terms below are incorporated into this License by reference.

Inbound Terms:

These Inbound Terms govern your use of the inbound SMS and voice features and related phone number, if made available to you (the “Inbound Service”). For U.S. phone numbers, the “Inbound Provider” is Pinger, Inc. and for Canada phone numbers it is Pinger International Limited. Your use of Apps is governed separately under the License. Your use of the Outbound Service is governed separately under the Outbound Terms. These Inbound Terms incorporate by reference the Privacy Policy. These Inbound Terms control in the event of any conflict with the Privacy Policy.

License. Subject to these Inbound Terms, Inbound Provider grants to you a license to use the phone number made available to you for inbound SMS messaging and inbound voice communication, if such features are enabled through the App, in each case solely in conjunction with the App.

Requirements. An Internet connection is required to use the Inbound Service for most Apps. You are solely responsible for any fees and costs associated with that Internet connection. If the App you’re using is Sideline, then you acknowledge and agree that your cellular connection may be used for voice functionality of the Inbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Inbound Service. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Inbound Provider a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account with the Inbound Service, to sublicense those rights to its third party providers only for so long as necessary to provide the Service to you, and to disclose the same as required or permitted under applicable law. Inbound Provider may provide the Inbound Service to you directly or through its providers and/or agents, including but not limited to Licensor.

Limitations on Use. You acknowledge and agree that: (i) while the Inbound Service enables inbound SMS and inbound voice reception features, it does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (ii) certain features may be limited, suspended, blocked or restricted by geography, number, duration or other criteria at any time and without liability to you; and (iii) you are limited to use of one phone number made available by Inbound Provider for inbound calls and for receiving SMS messages; no outbound calling or texting is available as part of the Inbound Terms. You acknowledge and agree that Licensor or Inbound provider owns the phone number associated with your use of the App and that you do not have any rights to transfer the phone number or to use the phone number separate and apart from the App. Inbound Provider may reclaim the phone number associated with your account at any time and/or discontinue phone number availability at any time, in each case without liability to you. You acknowledge and agree that: (i) you will use the Inbound Service only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law; (ii) you may not transfer or assign your account or the phone number made available to you other than to Licensor; and (iii) you will not engage in any activity that interferes with or disrupts the Inbound Service.

Data. Anonymous Data and Personal Data may be provided to Inbound Provider by Licensor for the purpose of providing the Inbound Service to you. In addition, traffic and location data may be collected and are used to provide the Inbound Service and are stored in accordance with applicable law. You may have Inbound Provider remove your Personal Data from its systems by terminating your account as provided below.

Ownership. All rights, title, and interest, including all intellectual property rights, in and to the Inbound Service and phone numbers made available to you (collectively, “Pinger Property”) are owned by Licensor or its suppliers and, as an express condition to your use of the Inbound Service, you hereby (i) agree not to claim, and expressly waive, any right, title or interest in any Pinger Property; and (ii) irrevocably assign to Licensor any and all or your present and future rights, title or interests in any Pinger Property.

Additional Terms. The Additional Terms below are incorporated into these Inbound Terms by reference.

Outbound Terms:

These Outbound Terms govern your use of the outbound SMS and voice features which may be made available to you (the “Outbound Service”). If you have downloaded the App from a U.S. App Store, the “Outbound Provider” is Pinger, Inc.; otherwise, the “Outbound Provider” is Pinger International Limited. Your use of Apps is governed separately under the License. Your use of the Inbound Service is governed under the Inbound Terms. These Outbound Terms incorporate by reference the Privacy Policy. These Outbound Terms control in the event of any conflict with the Privacy Policy.

License. Subject to these Outbound Terms, Outbound Provider grants to you a license to use the Outbound Service solely for outbound SMS messaging and outbound voice communication, if such features are enabled through the App, in conjunction with the App.

Requirements. An Internet connection is required to use the Outbound Service. You are solely responsible for any fees and costs associated with that Internet connection. If the App you’re using is Sideline, then you acknowledge and agree that your cellular connection may be used for the voice functionality of Outbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Outbound Service. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. The Outbound Service may use carrier SMS features on a limited basis and standard text messaging rates or other carrier charges may apply. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Outbound Provider a license to use, copy, transmit, distribute, store and cache all data sent and received through your use of the Outbound Service, to sublicense those rights to its service providers only for so long as necessary to provide the Outbound Service to you, and to disclose the same as required or permitted under applicable law. Outbound Provider may provide the Outbound Service to you directly or through its providers. You hereby acknowledge that Outbound Provider may collect, and you hereby grant to Outbound Provider the right to collect and use, Contact Data, Personal Data and Anonymous Data (as defined in the License) solely for your use of the Outbound Service and as otherwise required by applicable law. Licensor may serve as the agent of Outbound Provider to provide the Outbound Service and to make Voice Credits available to you.

Voice Credits. If made available to you, you may earn and/or purchase an Outbound Service access license to use outbound voice features (“Voice Credits”) and/or may earn them through use of features enabled through the App. Depending on your version of the App, you may receive a positive Voice Credits balance upon registration, or you may use the Outbound Service without Voice Credits. In addition, from time to time Outbound Provider may provide Voice Credits as part of promotional or user engagement programs, with the amount, conditions and timing of such Voice Credits to be as determined by Outbound Provider in its sole discretion. Outbound Provider may suspend or terminate such programs without notice and without further obligations to you.

If a U.S. or Canadian phone number is associated with your account, (i) one Voice Credit is applied to the first minute or partial minute of each call; and (ii)Voice Credits are applied in increments of one minute for each full or partial minute thereafter.

If a phone number that is not a U.S. or Canadian phone number is associated with your account, (i) the number of Voice Credits you can earn shall be as determined by Outbound Provider in its sole discretion; and (ii) for each fraction of a minute or whole minute for outbound calls, your account will be debited for the number of Voice Credits required for one minute of outbound calling, as determined by Outbound Provider in its sole discretion. When your Voice Credit balance is zero, you may not be able to make outbound calls.

Limitations on Use. You acknowledge and agree that: (i) the Outbound Service is a separate service offered by Outbound Provider and you do not need to utilize the Outbound Service to utilize the Inbound Service; (ii) the Outbound Service does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (iii) depending on your App, texting of short codes may not be supported; (iv) where your device has cellular coverage, the App may enable emergency calling through your native phone application, but placing emergency service calls through the App is not supported and it is your responsibility to purchase, separately from the Outbound Service, and you represent that you have purchased and have available, wireless phone or fixed line telephone service that offers access to emergency services; and (v) certain features are may be limited, suspended, blocked or restricted by geography, number, duration or other criteria as determined by Outbound Provider at any time in its sole discretion and without liability to you. You acknowledge and agree that: (i) you may not transfer or assign your rights under these Outbound Terms; (ii) you will not engage in any activity that interferes with or disrupts the Outbound Service (or the servers and networks which are connected to the Outbound Service); and (iii) you will not transmit any communications that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Outbound Provider in its sole discretion. YOU ACKNOWLEDGE AND AGREE THAT OUTBOUND SMS MESSAGING MAY BE LIMITED BY OUTBOUND PROVIDER IF YOUR OUTBOUND MESSAGES SENT EXCEED THE INBOUND MESSAGES YOU RECEIVE. YOU CANNOT EXERCISE OUTBOUND VOICE FEATURES WITHOUT A POSITIVE VOICE CREDIT BALANCE. VOICE CREDITS (I) EXPIRE UPON TERMINATION OF YOUR ACCOUNT OR RECLAMATION OF THE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; AND (II) MAY BE SUBJECT TO EXPIRATION IF NOT USED WITHIN 180 DAYS UNLESS OTHERWISE RESTRICTED BY APPLICABLE LAW. VOICE CREDITS ARE NOT TRANSFERABLE OR REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT (I) VOICE CREDITS ARE REVOCABLE AND CANCELABLE LICENSE RIGHTS AND DO NOT CONSTITUTE DIGITAL GOODS, CURRENCY, GIFT CERTIFICATES, STORED VALUE INSTRUMENTS, OR NON-CANCELABLE CREDITS OF ANY KIND; AND (I) YOU WAIVE, AND FOREVER RELEASE LICENSOR, OUTBOUND PROVIDER, INBOUND PROVIDER, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM, ALL CLAIMS AND DAMAGES ARISING OUT OF ANY EXPIRATION OR TERMINATION OF VOICE CREDITS FOR ANY REASON.

Data. Anonymous Data, Contact Data and Personal Data may be provided to Outbound Provider by Licensor for the purpose of providing the Outbound Service to you. In addition, traffic and location data may be collected and are used to provide the Outbound Service and are stored in accordance with applicable law. You may have Outbound Provider remove your Personal Data from its systems by terminating your account as provided below.

Additional Terms. The Additional Terms below are incorporated into these Outbound Terms by reference.

Additional Terms:

Consents. IN ADDITION TO THE CONSENTS ABOVE, YOU AGREE AND CONSENT TO THE FOLLOWING (THE “CONSENTS”): (I) LICENSOR MAY SEND, AND THE APP MAY INCLUDE, SERVICE ANNOUNCEMENTS, ADVERTISING, AND ADMINISTRATIVE MESSAGES TO YOU THROUGH THE APP AND YOU WILL NOT BE ABLE TO OPT OUT OF RECEIVING THEM EXCEPT IN THE EVENT YOU TERMINATE YOUR RIGHTS AS PROVIDED BELOW; (II) ANONYMOUS DATA MAY BE USED AND SHARED WITH THIRD PARTIES TO PROVIDE, IMPROVE, MONITOR, AND UPDATE THE APP OR THE INBOUND AND/OR OUTBOUND SERVICE AND TO PRESENT ADVERTISEMENTS TO YOU FROM WITHIN THE APP; (III) THE APP MAY COLLECT AND TRANSMIT CONTACT INFORMATION FROM YOUR DEVICE WHICH IS STORED BY LICENSOR ON ITS SERVERS UNTIL DELETED, AND SHARED WITH OUTBOUND PROVIDER AND INBOUND PROVIDER FOR USE WITH THE APP; (IV) LICENSOR MAY ASSOCIATE CONTACT NAMES WITH PHONE NUMBERS FROM YOUR DEVICE FOR MESSAGES YOU SEND AND RECEIVE, INCLUDING BUT NOT LIMITED TO IDENTIFYING SUCH CONTACTS AS APP USERS AND IDENTIFYING YOU AS AN APP USER TO YOUR CONTACTS WHO ARE APP USERS AND AS A GROUP MEMBER TO OTHER GROUP MEMBERS IN A GROUP ACCOUNT; (V) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY DISCLOSE ANY INFORMATION YOU PROVIDE OR OTHERWISE MAINTAINED BY THEM TO LEGAL AUTHORITIES AS REQUIRED UNDER APPLICABLE LAW AND AS AUTHORIZED IN THE PRIVACY POLICY; (VI) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY TRANSFER YOUR PERSONAL DATA WITHIN AND WITHOUT THE EUROPEAN UNION, INCLUDING BUT NOT LIMITED TO THE UNITED STATES OF AMERICA; AND (VII) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY PROCESS AND STORE YOUR PERSONAL DATA IN ANY COUNTRY OF THE WORLD. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS TO GRANT ALL CONSENTS HEREIN AND THAT LICENSOR’S, INBOUND PROVIDER’S AND OUTBOUND PROVIDER’S EXERCISE OF THE RIGHTS GRANTED BY YOU WILL NOT VIOLATE APPLICABLE LAW OR INFRINGE OR VIOLATE THE RIGHTS OF ANY PARTY.

App Store Terms. Purchases made within the App, if any, may be subject to App Store Terms. You acknowledge and agree that neither Licensor, Inbound Provider, nor Outbound Provider shall have any liability to you arising out of any payment issues for purchases made within the App and that you must resolve all issues in that regard with the payment processor.

Additional Terms for Sideline. For the Sideline App and related Service (collectively, “Sideline”), the following additional Sections 1 through 4, and subsections thereunder, apply.

1. Voicemail transcriptions:  Your version of Sideline may include voicemail transcription capabilities.  If so, by using Sideline, you acknowledge and agree that: (i) Licensor may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to you, and that you hereby provide your express consent to the foregoing; (ii) Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any transcription errors; (iii) you may not use or copy such features, or any source code or documentation for the same;  (iv) you shall not, and shall not allow or enable a third party to, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of those features; and (iii) you shall not, and shall not allow or enable a third party to, disclose or publish any benchmark or performance data regarding international calling features to any third party.

2. International calling:  Your version of Sideline may include international calling features.  If so, by using Sideline, you acknowledge and agree that international calling is enabled through connections between Licensor and third party providers, and that Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any errors, delays, interruptions or failure of international calling features. You acknowledge and agree that international calls are subject to call time and geographic limitations and may be further limited and/or restricted by Licensor and/or Outbound Provider in its or their sole discretion at any time and without notice or liability to you.

3. Sideline with Features and Team: From time to time Licensor may make available paid versions or paid features of the Sideline App which include management tools not otherwise available in the basic version of Sideline, such as a “no ads” subscription (“Sideline with Features”) or accounts which allow the use of multiple phone numbers by multiple individuals under one master account (“Sideline Team”). The following provisions apply to such Sideline with Features and Sideline Team (collectively, “Paid Accounts”).

a. Subscription Period: The subscription period for Paid Accounts shall be as stated when you elect to establish the Paid Account (“Subscription Period”). The Subscription Period shall automatically renew for additional Subscription Periods of equal duration until you cancel your Paid Account or Licensor terminates your Paid Account.

b. Account Setup: Sideline with Features Accounts are established by the individual Sideline with Features Account holder. Sideline Team Accounts are set up by a group administrator (the ˝Admin˝) who registers as the Admin, selects the number of phone numbers, and pays for the Subscription Fees. The Admin identifies members of the group by providing the name for each group member (each a ˝Group Member˝) and other optional information for each Group Member. Each Group Member can then set up his/or her Sideline subaccount (each a ˝Group Member Account˝) by following the account setup process for Group Members.

c. Subscription Fees. Paid Accounts are subject to fees based upon the account type and number of phone numbers allocated to your Paid Account (˝Subscription Fees˝). You agree to pay all applicable Subscription Fees. Depending on how you obtained your Paid Account, the applicable App Store or Licensor will charge your credit card the Subscription Fees for the type of account and number of phone numbers you've chosen, plus applicable taxes. Where you obtain a Paid Account from Licensor, Licensor or its billing processors your collect billing information upon registration for a Paid Account and, as with other registration information, billing information is protected the Privacy Policy. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR ACCOUNT IS CANCELED, OR, IF PURCHASED THROUGH AN APP STORE, YOU CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP, OR LICENSOR CANCELS YOUR PAID ACCOUNT. For renewals, Licensor will automatically charge your credit card the amount of the then-current fee for your type of account and phone numbers used through your Paid Account, plus applicable taxes. Licensor reserves the right to charge value-added taxes, sales, or other taxes on the Paid Accounts as it deems appropriate, and reserves the right to change prices or institute new charges for access to or use of Paid Accounts at any time upon not less than thirty (30) days’ notice to you, either by (i) posting pricing plan changes on the Licensor website, or (ii) sending information regarding the pricing plan changes to the email address you provided Licensor. You are responsible for regularly reviewing such pricing information. Continued use of Paid Accounts or non-termination of your Paid Account after such thirty (30) day period constitutes your acceptance of the prices as modified. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Licensor shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PAID ACCOUNT YOU CONSENT TO ALLOW LICENSOR TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. UNLESS YOU NOTIFY LICENSOR OF ANY DISCREPANCIES WITH RESPECT TO PAID ACCOUNT BILLING WITHIN SIXTY (60) DAYS AFTER THEY FIRST APPEAR ON YOUR CREDIT CARD STATEMENT, YOU AGREE THAT THEY WILL BE DEEMED ACCEPTED BY YOU FOR ALL PURPOSES. IF LICENSOR DOES NOT RECEIVE PAYMENT FROM YOUR CREDIT CARD ISSUER OR ITS AGENT, YOU AGREE TO PAY ALL AMOUNTS DUE UPON DEMAND BY LICENSOR OR ITS AGENTS. YOU ARE RESPONSIBLE FOR PAYING ANY GOVERNMENTAL TAXES IMPOSED ON YOUR PURCHASES, INCLUDING, BUT NOT LIMITED TO, SALES, USE OR VALUE-ADDED TAXES.

d. Sideline Team Account Management: Using the Sideline Team Account web management console, the Admin maintains exclusive control over the management of the Sideline Team Account, such as adding or removing phone numbers. AS A GROUP MEMBER, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE ADMIN MAINTAINS MANAGEMENT CONTROL OVER GROUP MEMBER ACCOUNTS; (II) THE ADMIN CONTROLS PORTING OUT OF PHONE NUMBERS FOR SIDELINE TEAM AND THAT NO GROUP MEMBER MAY PORT OUT PHONE NUMBERS CONTROLLED BY THE ADMIN; (III) THE ORGANIZATION WITH WHICH THE ADMIN IS ENGAGED IS THE HOLDER OF THE GROUP MEMBER ACCOUNT (THE “ORGANIZATION”) AND HAS RIGHTS TO VIEW AND ACCESS CALL DETAIL RECORDS, CONTACT DATA AND OTHER INFORMATION ASSOCIATED WITH GROUP MEMBER ACCOUNTS, AND EACH GROUP MEMBER HEREBY GRANTS THE ORGANIZATION THE RIGHT TO DO SO, AND GRANTS LICENSOR THE RIGHT TO DISCLOSE SUCH INFORMATION TO THE ORGANIZATION UPON REQUEST; (IV) THE ADMIN CAN RETAKE THE PHONE NUMBER ASSIGNED TO YOUR SIDELINE TEAM GROUP MEMBER ACCOUNT; AND (V) LICENSOR, OUTBOUND PROVIDER AND INBOUND PROVIDER ARE NOT RESPONSIBLE FOR, AND WILL NOT HAVE ANY LIABILITY TO YOU FOR, ANY ACTIONS TAKEN BY THE ADMIN WITH RESPECT TO YOUR USE OF SIDELINE.

e. Sideline Team Account Downgrades: The Admin can downgrade the Sideline Team Account to a regular Sideline account by removing all phone numbers associated with the Sideline Team Account. Downgrades are implemented immediately and there are no refunds of Subscription Fees. IF YOU ARE A GROUP MEMBER, YOU ACKNOWLEDGE THAT YOUR PARTICIPATION AS A GROUP MEMBER, AND YOUR GROUP MEMBER ACCOUNT, CAN BE TERMINATED BY THE ADMIN AT ANY TIME.

f. Cancelation. To cancel your Sideline with Features subscription, you must cancel the recurring subscription through mechanisms made available by the applicable App Store provider. For subscriptions purchased through the Apple App Store, in the “Settings” feature, tap “App and iTunes Stores,” tap your Apple ID (you may need to sign in), under “Subscriptions” tap “Manage,” tap the subscription you want to manage, and use the options to manage your subscriptions. See https://support.apple.com/en-us/HT202039 for detailed instructions on canceling your subscription. For subscriptions purchased through Google Play, go to payments.google.com, select “Bills and Accounts,” and select the subscription you want to cancel. Seehttps://support.google.com/googleplay/answer/2476088?hl=enfor details on canceling your subscription.

To cancel your Sideline Team subscriptions, you must send a cancelation notice via email to cancel@sideline.com.

4. Porting: Porting is enabled for Sideline only. By setting up a Sideline account, you are making a specific request to Licensor to establish a unique, confidential code to enable porting by you, with the code only released to you upon a porting request initiated by you. Porting requests may be commenced through the App and, for Sideline Team, through the Sideline Team web management console and only by the Admin. For porting in of phone numbers you will be required to provide specific information in order for Licensor to submit the porting request to your carrier. For porting out of phone numbers, you may request a port-out PIN code through the App or, for Sideline Team, through the Sideline Team web management console, and then contact the carrier to which porting is to be made. Porting out requires that the number is for a Paid Account, with at least a Subscription Period of one month, or that the number you are porting out is a number that you previously ported into Sideline. You acknowledge and agree that: (i) porting in or out may each be subject to an additional fee as allowed by applicable law and that you shall be required to pay such fees as required by Licensor to effect your porting request; and (ii) porting is coordinated through Licensor’s local exchange carrier, so actual porting is not conducted by Licensor. Porting of phone numbers is subject to involvement, cooperation and consent of third parties, including Licensor’s local exchange carrier and the carriers from whom or to whom porting is requested. Consequently, porting processes may take considerable time and may not be feasible or allowed, or may be blocked or withheld by third parties not within Licensor’s control, depending on the porting request. Further, Licensor may substitute Sideline phone numbers from time to time to comply with applicable law, regulatory requirements, or for any other reason. AS CONDITIONS FOR YOUR USE OF THE SIDELINE APP, YOU ACKNOWLEDGE AND AGREE THAT: (I) ANY PORTED OUT PHONE NUMBERS SHALL BE FOR YOUR PERSONAL USE AND WILL NOT BE RESOLD FOR PROFIT; (II) ONLY ADMINS MAY PORT OUT NUMBERS FOR SIDELINE TEAM ACCOUNTS; AND (III) INBOUND PROVIDER, OUTBOUND PROVIDER, AND LICENSOR SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR THE INABILITY TO EITHER PORT IN OR PORT OUT A PHONE NUMBER, FOR ANY DELAY OR ERRORS IN FULFILLING A PORTING REQUEST, FOR ANY PHONE NUMBER SUBSTITUTION, OR FOR ANY LOSS, COST OR EXPENSE ARISING OUT OF ANY OF THE FOREGOING.

Fair use.  You agree that you shall not: (i) share your use of the phone number associated with your use of an App with a third party through any means, (ii) resell any phone number, Voice Credits or subscriptions for any App or Service, (iii) use the App or Service for call center operations, for calling phone numbers to generate income for you or a third party, for programmatic calling, or for unsolicited marketing or faxing or consumer research communications.  You represent that your use of the App and Service shall comply with all applicable laws, rules and regulations.  Licensor reserves the right at its option and without notice to you to use technologies and take actions that may block or limit your use of the App and/or Service, including but not limited to termination as provided below, if Licensor determines in its sole discretion that your use of the App and/or Service may violate these Terms of Service, is inconsistent with normal user activity, impairs the use of Service by others, or is otherwise subject to restrictions imposed by the United States or foreign governments or third party service providers, in each case without liability to you.

Term and Termination. The License, Inbound Terms and Outbound Terms are effective until terminated by you or Licensor, Inbound Provider and/or Outbound Provider (as applicable). Termination of the License terminates the Outbound and Inbound Terms. Licensor may terminate the License and/or disable use of the App and Services at any time, for any reason, and without any liability to you or any obligation to return amounts previously paid by you, if any. Your use of the Inbound and/or Outbound Service may be suspended, terminated or restricted at any time, for any reason, and without any liability to you and without any obligation to return amounts previously paid by you, if any. You may terminate the License, Inbound Terms and Outbound Terms at any time, for any reason, by contacting support@pinger.com and stating that you are terminating your use of Apps and such termination will apply to all Apps and Services unless otherwise agreed upon by Licensor. Except for rights of Licensor which survive expiration or termination, upon termination your Account will be terminated by the next business day (Monday through Friday, excluding US federal and California state holidays) and the licenses granted to you shall cease, your Personal Data will be deleted unless otherwise required by applicable law, any Voice Credits associated with your use of Apps will expire without refund or liability to you, and you shall promptly uninstall the Apps. The protections afforded to Licensor, Inbound Provider and Outbound Provider under the App Store Terms, sections in the License, Inbound Terms and Outbound Terms entitled “Ownership” and “Data,” and all of the Additional Terms shall survive termination or expiration.

No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK AND THAT APP AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR, INBOUND PROVIDER NOR OUTBOUND PROVIDER REPRESENTS OR WARRANTS THAT YOUR USE OF APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIME, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH ANY APP OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER OR THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability. YOU AGREE THAT LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR THE ACTIONS OF THIRD PARTIES IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER AND THEIR SUPPLIERS AND RESELLERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF APPS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S, INBOUND PROVIDER’S OR OUTBOUND PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00). NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification and Waiver. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER HARMLESS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THE LICENSE, INBOUND TERMS OR OUTBOUND TERMS BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF THE APP OR SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) OR ANY VIOLATION BY YOU OF AGREEMENTS WITH THIRD PARTIES, OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.

Governing Law; Venue. The License, Inbound Terms and the Outbound Terms shall be governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Except for arbitration of disputes as set forth below, any dispute between the parties regarding the License, Inbound Terms or the Outbound Terms will be subject to the exclusive venue of the state and federal courts in the state of California of the United States of America in San Francisco, San Mateo and Santa Clara counties and the parties hereby consent to the exclusive jurisdiction and venue of such courts. If you download an App for use in the United States, (i) any dispute between you and Licensor, Inbound Provider or Outbound Provider, specifically excluding actions by any of them to enforce and protect their rights in the App, the Inbound Service and/or the Outbound Service, shall be resolved through binding arbitration conducted through the American Arbitration Association in San Francisco, California; (ii) you and Licensor, Inbound Provider and Outbound Provider agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding; (iii) unless both you and Licensor, Inbound Provider or Outbound Provider agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (iv) you acknowledge and agree that you are waiving a right to litigate applicable disputes in court before a judge or jury. You agree the United Nations Convention on Contracts for the International Sale of Goods (1980) terms are hereby excluded in its entirety from application to the License, Inbound Terms and Outbound Terms.

Severability; No Waiver. If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect. The failure by either you or by Licensor, Inbound Provider or Outbound Provider to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.

Use of Electronic Communications. You agree to the use of electronic communication to enter into agreements, contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Licensor, Inbound Provider and Outbound Provider.

Entire Agreement. The foregoing sets forth the entire understanding and complete and exclusive statement of the agreements between you and Licensor, Inbound Provider and Outbound Provider and supersedes any proposal or prior agreements or understandings between you and Licensor and Service Provider with respect thereto.

General. No rights granted to you may be assigned by you in whole or in part without the prior written approval of Licensor. Any assignment in violation of the foregoing shall be null and void. Licensor, Inbound Provider and Outbound Provider shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the License, Inbound Terms or Outbound Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

OPEN SOURCE SOFTWARE

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END USER TERMS – International

These terms govern your use of software applications (each an “App”) provided by Licensor, and your use of the separate services enabled through Apps, as described below (“Services”). If you downloaded the App from a U.S. App Store or, for Textfree Web, if you identify your country of use as the United States, “Licensor” is Pinger, Inc.; otherwise “Licensor” is Pinger International Limited.

NOTICE REGARDING SUBSCRIPTIONS:

FOR SIDELINE, SOME FEATURES INCLUDE MANAGEMENT FUNCTIONS NOT OTHERWISE AVAILABLE THROUGH THE BASIC SIDELINE APP AND  ARE MADE AVAILABLE ON A PAID SUBSCRIPTION BASIS. SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR APPLICABLE SUBSCRIPTION IS CANCELED.

BY CREATING OR UPDATING A SIDELINE ACCOUNT TO INCLUDE PAID FEATURES, YOU CONSENT TO ALLOW THE APPLICABLE APP STORE TO CHARGE YOUR CREDIT CARD FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELLED OR TERMINATED.

TO CANCEL YOUR SIDELINE PAID SUBSCRIPTION, YOU MUST CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039. FOR SUBSCRIPTIONS PURCHASED FROM GOOGLE PLAY, SEE https://support.google.com/googleplay/answer/2476088?hl=en.

BY CREATING A SIDELINE TEAM ACCOUNT YOU CONSENT TO ALLOW LICENSOR TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

TO CANCEL YOUR SIDELINE TEAM SUBSCRIPTION, YOU MUST SEND A CANCELATION NOTICE BY EMAIL TO CANCEL@SIDELINE.COM.

NOTICE REGARDING TRANSFER OF DATA:

USE OF THE APP REQUIRES THAT PERSONAL DATA BE PROCESSED BY PINGER, INC. IN THE UNITED STATES OF AMERICA, WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APP ARE LOCATED. FEATURES AND CAPABILITIES OF THE APP WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PINGER, INC. IN THE UNITED STATES OF AMERICA FOR THAT PURPOSE. PINGER, INC. IS AN AFFILIATE OF PINGER INTERNATIONAL LIMITED AND PROCESSES SUCH PERSONAL INFORMATION IN COMPLIANCE WITH THE CONTRACTUAL REQUIREMENTS ESTABLISHED WITH YOU IN THIS DOCUMENT.

Apps are Not for Children under 13. All Apps, Services and Pinger websites are not intended for children under the age of 13, so children under the age of 13 should not use them at any time. Account registration requires a minimum age of 13. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these terms. Licensor does not knowingly collect any information from children under the age of 13. In the event that Licensor learns that it has inadvertently gathered personal information from children under the age of 13, Licensor will take reasonable measures to promptly delete such information.

Applicability. These terms apply to all Apps and Services. These terms incorporate by reference the terms made available by the particular app store from which you downloaded the App (“App Store”) applicable to apps downloaded from that App Store, if any (“App Store Terms”). If you downloaded the App from a Canadian App Store for use in Canada, these terms incorporate by reference the Privacy Policy located athttp://www.pinger.com/privacy_policy; otherwise, these terms incorporate by reference the Data Protection Policy located athttp://www.pinger.com/privacy_policy/international (“Privacy Policy”). These terms control in the event of any conflict with the Privacy Policy or the App Store Terms. Licensor, Inbound Provider and Outbound Provider each, respectively, reserve the right to change, modify or update these terms, the Inbound Terms and the Outbound Terms at any time by posting revised versions at http://www.pinger.com (“Pinger Site”) and you agree that posting of such updates constitutes sufficient notice to you regarding such updates. Your download of other Apps or your continued use of Apps and Services following posting of updates on the Pinger Site constitutes your acceptance of the same.

Construction. Some Apps and Services have unique features and, as a consequence, these terms create three separate contracts: (i) a license between you and Licensor (the “License”) for your use of the Apps and communication features only available between App users (“On-Net Features”), (ii) where the App provides temporary use of a unique phone number, a separate agreement between you and the party identified as the “Inbound Provider” below, for the use of the Inbound Services described below (the “Inbound Terms”), and (iii) where the App allows for outbound SMS and/or calling features, a separate agreement between you and the party identified as the “Outbound Provider” below, for the use of the Outbound Service described below (the “Outbound Terms”). The term “SMS” as used in this document means a message of text only or text and graphics, photos, audio clips, or video clips as enabled by the applicable App. Depending on your App, it may not include functionality for including graphics, photos, audio clips, or video clips as part of messages. For the Sideline App, some special terms apply, as set forth in the Section entitled “Additional Terms for Sideline” below, and those terms supersede and replace any conflicting terms of the License, the Inbound Terms or the Outbound Terms.

Account Registration. Use of most Apps requires that you create an account (the “Account”). The Account applies to use of all Apps and related Services. When setting up an Account: (i) you may be prompted to provide a phone number to receive a call or SMS from us so that we may authenticate your Account registration and you acknowledge and agree that we may place, and that your provider may charge you for, that incoming call or SMS; and (ii) you are prompted for registration information, such as your country of residence, name, age, email address, and account password, and a phone number. You hereby consent and to allow, and represent that you have the right to allow, Licensor to: (i) import and store contacts from your device and from third party services through connections enabled by you through the Apps, (ii) identify you by the name and phone number provided during registration to third parties with whom you communicate using the Apps, (iii) identify your association with those contacts to other users of Apps, and (iv) to associate contact information on your device with contact information from third party services enabled by you through the Apps. Accounts are for your personal use and may not be transferred or assigned by you to a third party. YOU ACKNOWLEDGE THAT IF YOU DO NOT CONSENT TO MAKE YOUR CONTACTS AVAILABLE TO THE APP, YOU CANNOT REGISTER AN ACCOUNT AND YOUR USE OF THE APPS WILL BE LIMITED.

Third Party Features; Open Source Software. There may be times when App features are offered by third parties who provide those features under their own terms and conditions not included in these End User Terms. Those separate terms and conditions would govern your use of such features. You acknowledge and agree that: (i) Licensor, Inbound Provider and Outbound Provider shall not have any liability to you for your use of, or your inability to use, those features, regardless of any act or failure to act by any of them; and (ii) as an express condition for making those services available through the App, you shall not to bring any action against Licensor, Inbound Provider and Outbound Provider, or any of their officers, directors, employees, or shareholders arising out of or related to those features. The App is provided with open source software, identified at the end of these terms, which is licensed under terms and conditions of its licensors.

License:

This License governs your use of the software elements of the Apps and On-Net Features (described below) and applies to updates of the App made available to you. Your use of the Inbound Service or Outbound Service is governed separately under the Inbound Terms or Outbound Terms, respectively.

License. Subject to the terms of this License, Licensor grants to you a royalty-free, non-exclusive, non-transferable license to: (i) use the App for your personal use only and only on the device on to which it is downloaded; and (ii) use communications features to communicate with other App users over networks not connected to public telephone services (“On-Net Features”). You agree that you shall not make or permit the making of any modifications, additions or enhancements to Apps, or cause or permit the disassembly, decompilation or reverse engineering of any App except and only to the extent allowed by applicable law.

Requirements. For Account creation, only a single number may be used for authentication and you acknowledge that use of the same number for a future authentication may terminate your account and that Licensor, Inbound Provider and Outbound Provider will not have any liability to you in such event. As an express condition to your use of the App, you agree to provide Licensor proper identification and residence information when requested. If your version of App includes voicemail, photo or audio or video recording features, you consent to allow, and represent that you have the right to allow, Licensor to copy, cache, store, distribute and share voicemails, photos and/or audio and video recordings as you designate through the Apps. For voicemail features, you agree that voicemails will be deleted upon the earlier of termination or two weeks after the voicemail is received, and may be subject to limitations as to the number and duration of voicemails. You agree and hereby grant Licensor the right to copy, cache and store voicemails and/or message content, with that right to survive expiration or termination of this License. You agree that you will not create or transmit any content or communications using the Apps or Services that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that constitute spam or that may violate or infringe the rights or privacy of third parties, as determined by Licensor in its sole discretion.

Data. Prior to Account creation, Licensor may collect through the App device identifiers but no other personally identifiable information. Such information is used for the sole purpose of providing support for the internal operations of Licensor. During and after Account creation, Licensor collects data that you provide upon registration, the name and phone number of contacts as stored on your device (“Contact Data”), and data about your use of the App, which includes Personal Data and Anonymous Data. “Personal Data” is data that identifies you personally that includes: name, address, and email address, and location data of a specific location. Personal Data is used only to identify you with your Account in order to provide the Inbound Service and, for location data, to provide advertising to you. Contact Data is stored on your device and on Licensor’s servers to enable communications features within the App. Contact Data is not used for any other purpose. You hereby (i) grant Licensor perpetual licenses to store Personal Data and Contact Data and to use, copy and transmit Personal Data and Contact Data in conjunction with your use of the App; and (ii) consent to allow Licensor to transmit Personal Data and Contact Data to Inbound Provider and Outbound Provider upon registration, in response to legal process and/or to legal authorities upon request or as required under applicable law, and to mobile operators upon your actions when you respond to certain promotional programs with mobile operators and that such transmission is made by your request and at your direction.

Advertising. Your use of Apps is supported, in part, by advertising without which Licensor would not be able to provide the Apps to you. Accordingly, you acknowledge and accept that Apps displays advertising and promotions. Some anonymous data collected in the App is used for advertising purposes. That anonymous data does NOT include data that can identify you personally, but does include the following (“Anonymous Data”): age, gender, phone number issued by Licensor or used with the App, the number of messages you send and receive, date and time messages are sent and received, location data (not of a specific, exact location), message data and traffic information, device type and operating system, carrier identity, and device identifiers, Ethernet MAC address and/or advertising identifier, such as IDFA and Google Ad ID. Anonymous Data is used by Licensor and shared with third parties to deliver advertising within the App and to provide, improve, monitor, and update App and other current and future Licensor applications. For Apps downloaded from U.S. App Stores for use in the U.S., you acknowledge and agree that you are a U.S. resident, that your use of the Apps will be entirely within the U.S., and you expressly agree that Licensor and its service providers may digitally scan content transmitted through the App in order to provide such advertising to you. By using Apps, you are providing your consent for use of Anonymous Data by Licensor and its service providers as described in this document and you hereby authorize and grant to Licensor a license to use, copy, and transmit Anonymous Data for any purpose and to sublicense, sell, lease and/or transfer the foregoing rights to any third party, subject to limitations of applicable law. Advertising may be targeted based on Anonymous Data and other information Licensor or its service providers may have about you. Advertising service providers may also use Anonymous Data to target advertisements to you through third party applications and websites. You may be able to opt out of receiving targeted advertisements from third parties. For example, in some iOS devices (with iOS 6 or later), the advertising identifier may be disabled at your discretion. Further, some advertising service providers enable you to opt out of targeted advertising through mechanisms available to you through advertisements or on their websites. Licensor does not provide separate opt out mechanisms. You are solely responsible for exercising any opt out mechanisms made available by third parties.

Ownership. Licensor and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.

Additional Terms. The Additional Terms below are incorporated into this License by reference.

Inbound Terms:

These Inbound Terms govern your use of the inbound SMS and voice features and related phone number, if made available to you (the “Inbound Service”). For U.S. phone numbers, the “Inbound Provider” is Pinger, Inc. and for Canada phone numbers it is Pinger International Limited. Your use of Apps is governed separately under the License. Your use of the Outbound Service is governed separately under the Outbound Terms. These Inbound Terms incorporate by reference the Privacy Policy. These Inbound Terms control in the event of any conflict with the Privacy Policy.

License. Subject to these Inbound Terms, Inbound Provider grants to you a license to use the phone number made available to you for inbound SMS messaging and inbound voice communication, if such features are enabled through the App, in each case solely in conjunction with the App.

Requirements. An Internet connection is required to use the Inbound Service for most Apps. You are solely responsible for any fees and costs associated with that Internet connection. If the App you’re using is Sideline, then you acknowledge and agree that your cellular connection may be used for voice functionality of the Inbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Inbound Service. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Inbound Provider a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account with the Inbound Service, to sublicense those rights to its third party providers only for so long as necessary to provide the Service to you, and to disclose the same as required or permitted under applicable law. Inbound Provider may provide the Inbound Service to you directly or through its providers and/or agents, including but not limited to Licensor.

Limitations on Use. You acknowledge and agree that: (i) while the Inbound Service enables inbound SMS and inbound voice reception features, it does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (ii) certain features may be limited, suspended, blocked or restricted by geography, number, duration or other criteria at any time and without liability to you; and (iii) you are limited to use of one phone number made available by Inbound Provider for inbound calls and for receiving SMS messages; no outbound calling or texting is available as part of the Inbound Terms. You acknowledge and agree that Licensor or Inbound provider owns the phone number associated with your use of the App and that you do not have any rights to transfer the phone number or to use the phone number separate and apart from the App. Inbound Provider may reclaim the phone number associated with your account at any time and/or discontinue phone number availability at any time, in each case without liability to you. You acknowledge and agree that: (i) you will use the Inbound Service only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law; (ii) you may not transfer or assign your account or the phone number made available to you other than to Licensor; and (iii) you will not engage in any activity that interferes with or disrupts the Inbound Service.

Data. Anonymous Data and Personal Data may be provided to Inbound Provider by Licensor for the purpose of providing the Inbound Service to you. In addition, traffic and location data may be collected and are used to provide the Inbound Service and are stored in accordance with applicable law. You may have Inbound Provider remove your Personal Data from its systems by terminating your account as provided below.

Ownership. All rights, title, and interest, including all intellectual property rights, in and to the Inbound Service and phone numbers made available to you (collectively, “Pinger Property”) are owned by Licensor or its suppliers and, as an express condition to your use of the Inbound Service, you hereby (i) agree not to claim, and expressly waive, any right, title or interest in any Pinger Property; and (ii) irrevocably assign to Licensor any and all or your present and future rights, title or interests in any Pinger Property.

Additional Terms. The Additional Terms below are incorporated into these Inbound Terms by reference.

Outbound Terms:

These Outbound Terms govern your use of the outbound SMS and voice features which may be made available to you (the “Outbound Service”). If you have downloaded the App from a U.S. App Store, the “Outbound Provider” is Pinger, Inc.; otherwise, the “Outbound Provider” is Pinger International Limited. Your use of Apps is governed separately under the License. Your use of the Inbound Service is governed under the Inbound Terms. These Outbound Terms incorporate by reference the Privacy Policy. These Outbound Terms control in the event of any conflict with the Privacy Policy.

License. Subject to these Outbound Terms, Outbound Provider grants to you a license to use the Outbound Service solely for outbound SMS messaging and outbound voice communication, if such features are enabled through the App, in conjunction with the App.

Requirements. An Internet connection is required to use the Outbound Service. You are solely responsible for any fees and costs associated with that Internet connection. If the App you’re using is Sideline, then you acknowledge and agree that your cellular connection may be used for the voice functionality of Outbound Service and that you are solely responsible for cellular usage charges which you incur from use of the Outbound Service. Check the terms of your agreement with your carrier to determine if your carrier restricts or imposes fees or charges for VoIP transmissions or terms that would otherwise prohibit your use of the App. The Outbound Service may use carrier SMS features on a limited basis and standard text messaging rates or other carrier charges may apply. You are solely responsible for all fees and charges imposed by carriers and for compliance with your agreements with your wireless carrier. You hereby authorize and grant to Outbound Provider a license to use, copy, transmit, distribute, store and cache all data sent and received through your use of the Outbound Service, to sublicense those rights to its service providers only for so long as necessary to provide the Outbound Service to you, and to disclose the same as required or permitted under applicable law. Outbound Provider may provide the Outbound Service to you directly or through its providers. You hereby acknowledge that Outbound Provider may collect, and you hereby grant to Outbound Provider the right to collect and use, Contact Data, Personal Data and Anonymous Data (as defined in the License) solely for your use of the Outbound Service and as otherwise required by applicable law. Licensor may serve as the agent of Outbound Provider to provide the Outbound Service and to make Voice Credits available to you.

Voice Credits. If made available to you, you may earn and/or purchase an Outbound Service access license to use outbound voice features (“Voice Credits”) and/or may earn them through use of features enabled through the App. Depending on your version of the App, you may receive a positive Voice Credits balance upon registration, or you may use the Outbound Service without Voice Credits. In addition, from time to time Outbound Provider may provide Voice Credits as part of promotional or user engagement programs, with the amount, conditions and timing of such Voice Credits to be as determined by Outbound Provider in its sole discretion. Outbound Provider may suspend or terminate such programs without notice and without further obligations to you.

If a U.S. or Canadian phone number is associated with your account, (i) one Voice Credit is applied to the first minute or partial minute of each call; and (ii)Voice Credits are applied in increments of one minute for each full or partial minute thereafter.

If a phone number that is not a U.S. or Canadian phone number is associated with your account, (i) the number of Voice Credits you can earn shall be as determined by Outbound Provider in its sole discretion; and (ii) for each fraction of a minute or whole minute for outbound calls, your account will be debited for the number of Voice Credits required for one minute of outbound calling, as determined by Outbound Provider in its sole discretion. When your Voice Credit balance is zero, you may not be able to make outbound calls.

Limitations on Use. You acknowledge and agree that: (i) the Outbound Service is a separate service offered by Outbound Provider and you do not need to utilize the Outbound Service to utilize the Inbound Service; (ii) the Outbound Service does not have all the capabilities of wired and wireless communication services and, as such, it is not a replacement for your wired or wireless phone or telephone service; (iii) depending on your App, texting of short codes may not be supported; (iv) where your device has cellular coverage, the App may enable emergency calling through your native phone application, but placing emergency service calls through the App is not supported and it is your responsibility to purchase, separately from the Outbound Service, and you represent that you have purchased and have available, wireless phone or fixed line telephone service that offers access to emergency services; and (v) certain features are may be limited, suspended, blocked or restricted by geography, number, duration or other criteria as determined by Outbound Provider at any time in its sole discretion and without liability to you. You acknowledge and agree that: (i) you may not transfer or assign your rights under these Outbound Terms; (ii) you will not engage in any activity that interferes with or disrupts the Outbound Service (or the servers and networks which are connected to the Outbound Service); and (iii) you will not transmit any communications that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Outbound Provider in its sole discretion. YOU ACKNOWLEDGE AND AGREE THAT OUTBOUND SMS MESSAGING MAY BE LIMITED BY OUTBOUND PROVIDER IF YOUR OUTBOUND MESSAGES SENT EXCEED THE INBOUND MESSAGES YOU RECEIVE. YOU CANNOT EXERCISE OUTBOUND VOICE FEATURES WITHOUT A POSITIVE VOICE CREDIT BALANCE. VOICE CREDITS (I) EXPIRE UPON TERMINATION OF YOUR ACCOUNT OR RECLAMATION OF THE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; AND (II) MAY BE SUBJECT TO EXPIRATION IF NOT USED WITHIN 180 DAYS UNLESS OTHERWISE RESTRICTED BY APPLICABLE LAW. VOICE CREDITS ARE NOT TRANSFERABLE OR REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT (I) VOICE CREDITS ARE REVOCABLE AND CANCELABLE LICENSE RIGHTS AND DO NOT CONSTITUTE DIGITAL GOODS, CURRENCY, GIFT CERTIFICATES, STORED VALUE INSTRUMENTS, OR NON-CANCELABLE CREDITS OF ANY KIND; AND (I) YOU WAIVE, AND FOREVER RELEASE LICENSOR, OUTBOUND PROVIDER, INBOUND PROVIDER, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM, ALL CLAIMS AND DAMAGES ARISING OUT OF ANY EXPIRATION OR TERMINATION OF VOICE CREDITS FOR ANY REASON.

Data. Anonymous Data, Contact Data and Personal Data may be provided to Outbound Provider by Licensor for the purpose of providing the Outbound Service to you. In addition, traffic and location data may be collected and are used to provide the Outbound Service and are stored in accordance with applicable law. You may have Outbound Provider remove your Personal Data from its systems by terminating your account as provided below.

Additional Terms. The Additional Terms below are incorporated into these Outbound Terms by reference.

Additional Terms:

Consents. IN ADDITION TO THE CONSENTS ABOVE, YOU AGREE AND CONSENT TO THE FOLLOWING (THE “CONSENTS”): (I) LICENSOR MAY SEND, AND THE APP MAY INCLUDE, SERVICE ANNOUNCEMENTS, ADVERTISING, AND ADMINISTRATIVE MESSAGES TO YOU THROUGH THE APP AND YOU WILL NOT BE ABLE TO OPT OUT OF RECEIVING THEM EXCEPT IN THE EVENT YOU TERMINATE YOUR RIGHTS AS PROVIDED BELOW; (II) ANONYMOUS DATA MAY BE USED AND SHARED WITH THIRD PARTIES TO PROVIDE, IMPROVE, MONITOR, AND UPDATE THE APP OR THE INBOUND AND/OR OUTBOUND SERVICE AND TO PRESENT ADVERTISEMENTS TO YOU FROM WITHIN THE APP; (III) APPS MAY COLLECT AND TRANSMIT CONTACT INFORMATION FROM YOUR DEVICE WHICH IS STORED BY LICENSOR ON ITS SERVERS UNTIL DELETED, AND SHARED WITH OUTBOUND PROVIDER AND INBOUND PROVIDER FOR USE WITH THE APP; (IV) LICENSOR MAY ASSOCIATE CONTACT NAMES WITH PHONE NUMBERS FROM YOUR DEVICE FOR MESSAGES YOU SEND AND RECEIVE, INCLUDING BUT NOT LIMITED TO IDENTIFYING SUCH CONTACTS AS APP USERS AND IDENTIFYING YOU AS AN APP USER TO YOUR CONTACTS WHO ARE APP USERS AND AS A GROUP MEMBER TO OTHER GROUP MEMBERS IN A GROUP ACCOUNT; (V) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY DISCLOSE ANY INFORMATION YOU PROVIDE OR OTHERWISE MAINTAINED BY THEM TO LEGAL AUTHORITIES AS REQUIRED UNDER APPLICABLE LAW AND AS AUTHORIZED IN THE PRIVACY POLICY; (VI) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY TRANSFER YOUR PERSONAL DATA WITHIN AND WITHOUT THE EUROPEAN UNION, INCLUDING BUT NOT LIMITED TO THE UNITED STATES OF AMERICA; AND (VII) LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER MAY PROCESS AND STORE YOUR PERSONAL DATA IN ANY COUNTRY OF THE WORLD. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS TO GRANT ALL CONSENTS HEREIN AND THAT LICENSOR’S, INBOUND PROVIDER’S AND OUTBOUND PROVIDER’S EXERCISE OF THE RIGHTS GRANTED BY YOU WILL NOT VIOLATE APPLICABLE LAW OR INFRINGE OR VIOLATE THE RIGHTS OF ANY PARTY.

App Store Terms. Purchases made within the App, if any, may be subject to App Store Terms. You acknowledge and agree that neither Licensor, Inbound Provider, nor Outbound Provider shall have any liability to you arising out of any payment issues for purchases made within the App and that you must resolve all issues in that regard with the payment processor.

Additional Terms for Sideline. For the Sideline App and related Service (collectively, “Sideline”), the following additional Sections 1 through 4, and subsections thereunder, apply.

1. Voicemail transcriptions:  Your version of Sideline may include voicemail transcription capabilities.  If so, by using Sideline, you acknowledge and agree that: (i) Licensor may transcribe or have transcribed by a third party, and store and have stored by a third party, voicemail messages, and to make transcriptions available to you, and that you hereby provide your express consent to the foregoing; (ii) Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any transcription errors; (iii) you may not use or copy such features, or any source code or documentation for the same;  (iv) you shall not, and shall not allow or enable a third party to, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of those features; and (iii) you shall not, and shall not allow or enable a third party to, disclose or publish any benchmark or performance data regarding international calling features to any third party.

2. International calling:  Your version of Sideline may include international calling features.  If so, by using Sideline, you acknowledge and agree that international calling is enabled through connections between Licensor and third party providers, and that Licensor, its affiliates, its service providers, and their respective officers, directors, employees, agents, successors and assigns shall not have any liability to you for any errors, delays, interruptions or failure of international calling features. You acknowledge and agree that international calls are subject to call time and geographic limitations and may be further limited and/or restricted by Licensor and/or Outbound Provider in its or their sole discretion at any time and without notice or liability to you.

3. Sideline with Features and Team: From time to time Licensor may make available paid versions or paid features of the Sideline App which include management tools not otherwise available in the basic version of Sideline, such as a “no ads” subscription (“Sideline with Features”) or accounts which allow the use of multiple phone numbers by multiple individuals under one master account (“Sideline Team”). The following provisions apply to such Sideline with Features and Sideline Team (collectively, “Paid Accounts”).

a. Subscription Period: The subscription period for Paid Accounts shall be as stated when you elect to establish the Paid Account (“Subscription Period”). The Subscription Period shall automatically renew for additional Subscription Periods of equal duration until you cancel your Paid Account or Licensor terminates your Paid Account.

b. Account Setup: Sideline with Features Accounts are established by the individual Sideline with Features Account holder. Sideline Team Accounts are set up by a group administrator (the ˝Admin˝) who registers as the Admin, selects the number of phone numbers, and pays for the Subscription Fees. The Admin identifies members of the group by providing the name for each group member (each a ˝Group Member˝) and other optional information for each Group Member. Each Group Member can then set up his/or her Sideline subaccount (each a ˝Group Member Account˝) by following the account setup process for Group Members.

c. Subscription Fees. Paid Accounts are subject to fees based upon the account type and number of phone numbers allocated to your Paid Account (˝Subscription Fees˝). You agree to pay all applicable Subscription Fees. Depending on how you obtained your Paid Account, the applicable App Store or Licensor will charge your credit card the Subscription Fees for the type of account and number of phone numbers you've chosen, plus applicable taxes. Where you obtain a Paid Account from Licensor, Licensor or its billing processors your collect billing information upon registration for a Paid Account and, as with other registration information, billing information is protected the Privacy Policy. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR ACCOUNT IS CANCELED, OR, IF PURCHASED THROUGH AN APP STORE, YOU CANCEL THE RECURRING SUBSCRIPTION THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP, OR LICENSOR CANCELS YOUR PAID ACCOUNT. For renewals, Licensor will automatically charge your credit card the amount of the then-current fee for your type of account and phone numbers used through your Paid Account, plus applicable taxes. Licensor reserves the right to charge value-added taxes, sales, or other taxes on the Paid Accounts as it deems appropriate, and reserves the right to change prices or institute new charges for access to or use of Paid Accounts at any time upon not less than thirty (30) days’ notice to you, either by (i) posting pricing plan changes on the Licensor website, or (ii) sending information regarding the pricing plan changes to the email address you provided Licensor. You are responsible for regularly reviewing such pricing information. Continued use of Paid Accounts or non-termination of your Paid Account after such thirty (30) day period constitutes your acceptance of the prices as modified. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Licensor shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PAID ACCOUNT YOU CONSENT TO ALLOW LICENSOR TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. UNLESS YOU NOTIFY LICENSOR OF ANY DISCREPANCIES WITH RESPECT TO PAID ACCOUNT BILLING WITHIN SIXTY (60) DAYS AFTER THEY FIRST APPEAR ON YOUR CREDIT CARD STATEMENT, YOU AGREE THAT THEY WILL BE DEEMED ACCEPTED BY YOU FOR ALL PURPOSES. IF LICENSOR DOES NOT RECEIVE PAYMENT FROM YOUR CREDIT CARD ISSUER OR ITS AGENT, YOU AGREE TO PAY ALL AMOUNTS DUE UPON DEMAND BY LICENSOR OR ITS AGENTS. YOU ARE RESPONSIBLE FOR PAYING ANY GOVERNMENTAL TAXES IMPOSED ON YOUR PURCHASES, INCLUDING, BUT NOT LIMITED TO, SALES, USE OR VALUE-ADDED TAXES.

d. Sideline Team Account Management: Using the Sideline Team Account web management console, the Admin maintains exclusive control over the management of the Sideline Team Account, such as adding or removing phone numbers. AS A GROUP MEMBER, YOU ACKNOWLEDGE AND AGREE THAT: (I) THE ADMIN MAINTAINS MANAGEMENT CONTROL OVER GROUP MEMBER ACCOUNTS; (II) THE ADMIN CONTROLS PORTING OUT OF PHONE NUMBERS FOR SIDELINE TEAM AND THAT NO GROUP MEMBER MAY PORT OUT PHONE NUMBERS CONTROLLED BY THE ADMIN; (III) THE ORGANIZATION WITH WHICH THE ADMIN IS ENGAGED IS THE HOLDER OF THE GROUP MEMBER ACCOUNT (THE “ORGANIZATION”) AND HAS RIGHTS TO VIEW AND ACCESS CALL DETAIL RECORDS, CONTACT DATA AND OTHER INFORMATION ASSOCIATED WITH GROUP MEMBER ACCOUNTS, AND EACH GROUP MEMBER HEREBY GRANTS THE ORGANIZATION THE RIGHT TO DO SO, AND GRANTS LICENSOR THE RIGHT TO DISCLOSE SUCH INFORMATION TO THE ORGANIZATION UPON REQUEST; (IV) THE ADMIN CAN RETAKE THE PHONE NUMBER ASSIGNED TO YOUR SIDELINE TEAM GROUP MEMBER ACCOUNT; AND (V) LICENSOR, OUTBOUND PROVIDER AND INBOUND PROVIDER ARE NOT RESPONSIBLE FOR, AND WILL NOT HAVE ANY LIABILITY TO YOU FOR, ANY ACTIONS TAKEN BY THE ADMIN WITH RESPECT TO YOUR USE OF SIDELINE.

e. Sideline Team Account Downgrades: The Admin can downgrade the Sideline Team Account to a regular Sideline account by removing all phone numbers associated with the Sideline Team Account. Downgrades are implemented immediately and there are no refunds of Subscription Fees. IF YOU ARE A GROUP MEMBER, YOU ACKNOWLEDGE THAT YOUR PARTICIPATION AS A GROUP MEMBER, AND YOUR GROUP MEMBER ACCOUNT, CAN BE TERMINATED BY THE ADMIN AT ANY TIME.

f. Cancelation. To cancel your Sideline with Features subscription, you must cancel the recurring subscription through mechanisms made available by the applicable App Store provider. For subscriptions purchased through the Apple App Store, in the “Settings” feature, tap “App and iTunes Stores,” tap your Apple ID (you may need to sign in), under “Subscriptions” tap “Manage,” tap the subscription you want to manage, and use the options to manage your subscriptions. See https://support.apple.com/en-us/HT202039 for detailed instructions on canceling your subscription. For subscriptions purchased through Google Play, go to payments.google.com, select “Bills and Accounts,” and select the subscription you want to cancel. Seehttps://support.google.com/googleplay/answer/2476088?hl=enfor details on canceling your subscription.

To cancel your Sideline Team subscriptions, you must send a cancelation notice via email to cancel@sideline.com.

4. Porting: Porting is enabled for Sideline only. By setting up a Sideline account, you are making a specific request to Licensor to establish a unique, confidential code to enable porting by you, with the code only released to you upon a porting request initiated by you. Porting requests may be commenced through the App and, for Sideline Team, through the Sideline Team web management console and only by the Admin. For porting in of phone numbers you will be required to provide specific information in order for Licensor to submit the porting request to your carrier. For porting out of phone numbers, you may request a port-out PIN code through the App or, for Sideline Team, through the Sideline Team web management console, and then contact the carrier to which porting is to be made. Porting out requires that the number is for a Paid Account, with at least a Subscription Period of one month, or that the number you are porting out is a number that you previously ported into Sideline. You acknowledge and agree that: (i) porting in or out may each be subject to an additional fee as allowed by applicable law and that you shall be required to pay such fees as required by Licensor to effect your porting request; and (ii) porting is coordinated through Licensor’s local exchange carrier, so actual porting is not conducted by Licensor. Porting of phone numbers is subject to involvement, cooperation and consent of third parties, including Licensor’s local exchange carrier and the carriers from whom or to whom porting is requested. Consequently, porting processes may take considerable time and may not be feasible or allowed, or may be blocked or withheld by third parties not within Licensor’s control, depending on the porting request. Further, Licensor may substitute Sideline phone numbers from time to time to comply with applicable law, regulatory requirements, or for any other reason. AS CONDITIONS FOR YOUR USE OF THE SIDELINE APP, YOU ACKNOWLEDGE AND AGREE THAT: (I) ANY PORTED OUT PHONE NUMBERS SHALL BE FOR YOUR PERSONAL USE AND WILL NOT BE RESOLD FOR PROFIT; (II) ONLY ADMINS MAY PORT OUT NUMBERS FOR SIDELINE TEAM ACCOUNTS; AND (III) INBOUND PROVIDER, OUTBOUND PROVIDER, AND LICENSOR SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR THE INABILITY TO EITHER PORT IN OR PORT OUT A PHONE NUMBER, FOR ANY DELAY OR ERRORS IN FULFILLING A PORTING REQUEST, FOR ANY PHONE NUMBER SUBSTITUTION, OR FOR ANY LOSS, COST OR EXPENSE ARISING OUT OF ANY OF THE FOREGOING.

Fair use.  You agree that you shall not: (i) share your use of the phone number associated with your use of an App with a third party through any means, (ii) resell any phone number, Voice Credits or subscriptions for any App or Service, (iii) use the App or Service for call center operations, for calling phone numbers to generate income for you or a third party, for programmatic calling, or for unsolicited marketing or faxing or consumer research communications.  You represent that your use of the App and Service shall comply with all applicable laws, rules and regulations.  Licensor reserves the right at its option and without notice to you to use technologies and take actions that may block or limit your use of the App and/or Service, including but not limited to termination as provided below, if Licensor determines in its sole discretion that your use of the App and/or Service may violate these Terms of Service, is inconsistent with normal user activity, impairs the use of Service by others, or is otherwise subject to restrictions imposed by the United States or foreign governments or third party service providers, in each case without liability to you.

Term and Termination. The License, Inbound Terms and Outbound Terms are effective until terminated by you or Licensor, Inbound Provider and/or Outbound Provider (as applicable). Termination of the License terminates the Outbound and Inbound Terms. Licensor may terminate the License and/or disable use of the App and Services at any time, for any reason, and without any liability to you or any obligation to return amounts previously paid by you, if any. Your use of the Inbound and/or Outbound Service may be suspended, terminated or restricted at any time, for any reason, and without any liability to you and without any obligation to return amounts previously paid by you, if any. You may terminate the License, Inbound Terms and Outbound Terms at any time, for any reason, by contacting support@pinger.com and stating that you are terminating your use of Apps and such termination will apply to all Apps and Services unless otherwise agreed upon by Licensor. Except for rights of Licensor which survive expiration or termination, upon termination your Account will be terminated by the next business day (Monday through Friday, excluding US federal and California state holidays) and the licenses granted to you shall cease, your Personal Data will be deleted unless otherwise required by applicable law, any Voice Credits associated with your use of Apps will expire without refund or liability to you, and you shall promptly uninstall the Apps. The protections afforded to Licensor, Inbound Provider and Outbound Provider under the App Store Terms, sections in the License, Inbound Terms and Outbound Terms entitled “Ownership” and “Data,” and all of the Additional Terms shall survive termination or expiration.

No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK AND THAT APP AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER LICENSOR, INBOUND PROVIDER NOR OUTBOUND PROVIDER REPRESENTS OR WARRANTS THAT YOUR USE OF APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIME, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH ANY APP OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER OR THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability. YOU AGREE THAT LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR THE ACTIONS OF THIRD PARTIES IN CONNECTION WITH THE SERVICES. IN NO EVENT WILL LICENSOR, INBOUND PROVIDER, OUTBOUND PROVIDER AND THEIR SUPPLIERS AND RESELLERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF APPS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S, INBOUND PROVIDER’S OR OUTBOUND PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00). NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnification and Waiver. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, INBOUND PROVIDER AND OUTBOUND PROVIDER HARMLESS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THE LICENSE, INBOUND TERMS OR OUTBOUND TERMS BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF THE APP OR SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) OR ANY VIOLATION BY YOU OF AGREEMENTS WITH THIRD PARTIES, OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.

Governing Law; Venue. The License, Inbound Terms and the Outbound Terms shall be governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Except for arbitration of disputes as set forth below, any dispute between the parties regarding the License, Inbound Terms or the Outbound Terms will be subject to the exclusive venue of the state and federal courts in the state of California of the United States of America in San Francisco, San Mateo and Santa Clara counties and the parties hereby consent to the exclusive jurisdiction and venue of such courts. If you download an App for use in the United States, (i) any dispute between you and Licensor, Inbound Provider or Outbound Provider, specifically excluding actions by any of them to enforce and protect their rights in the App, the Inbound Service and/or the Outbound Service, shall be resolved through binding arbitration conducted through the American Arbitration Association in San Francisco, California; (ii) you and Licensor, Inbound Provider and Outbound Provider agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding; (iii) unless both you and Licensor, Inbound Provider or Outbound Provider agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (iv) you acknowledge and agree that you are waiving a right to litigate applicable disputes in court before a judge or jury. You agree the United Nations Convention on Contracts for the International Sale of Goods (1980) terms are hereby excluded in its entirety from application to the License, Inbound Terms and Outbound Terms.

Severability; No Waiver. If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect. The failure by either you or by Licensor, Inbound Provider or Outbound Provider to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.

Use of Electronic Communications. You agree to the use of electronic communication to enter into agreements, contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Licensor, Inbound Provider and Outbound Provider.

Entire Agreement. The foregoing sets forth the entire understanding and complete and exclusive statement of the agreements between you and Licensor, Inbound Provider and Outbound Provider and supersedes any proposal or prior agreements or understandings between you and Licensor and Service Provider with respect thereto.

General. No rights granted to you may be assigned by you in whole or in part without the prior written approval of Licensor. Any assignment in violation of the foregoing shall be null and void. Licensor, Inbound Provider and Outbound Provider shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of the License, Inbound Terms or Outbound Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

OPEN SOURCE SOFTWARE

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